Illinois General Assembly - Full Text of HB2538
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2538  102nd General Assembly


Rep. Denyse Wang Stoneback

Filed: 1/31/2022





10200HB2538ham001LRB102 14077 SPS 35224 a


2    AMENDMENT NO. ______. Amend House Bill 2538 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5General Contractors Licensing Act.
6    Section 5. Legislative intent. The intent of the General
7Assembly in enacting this Act is to evaluate the competency of
8persons engaged in general contracting and to license and
9regulate those persons for the protection of the public.
10    Section 10. Definitions. As used in this Act:
11    "Address of record" means the designated address recorded
12by the Department in the applicant's application file or
13licensee's licensure file as maintained by the Department.
14    "Board" means the General Contractor Board.
15    "Department" means the Department of Financial and



10200HB2538ham001- 2 -LRB102 14077 SPS 35224 a

1Professional Regulation.
2    "Email address of record" means the designated email
3address of record by the Department in the applicant's
4application file or licensee's licensure file as maintained by
5the Department.
6    "General contracting" means (i) any activity requiring a
7license under this Act; (ii) any conduct regulated by this
8Act; (iii) any activity requiring a county or municipal
9building permit; or (iv) any duty or other requirement imposed
10by this Act.
11    "General contractor" means any person who, as an
12investment or for compensation or with the intent to sell or to
13lease: (i) arranges or submits a bid or offers to undertake or
14purports to have the capacity to undertake or undertakes,
15through himself, herself, or others, to erect, construct,
16alter, repair, move, install, replace, convert, remodel,
17rehabilitate, modernize, improve, or make additions to any
18building or to any appurtenance thereto attached to real
19estate and located on the same lot as the building, including,
20but not limited to, driveways, swimming pools, porches, decks,
21garages, fences, fallout shelters, and other accessory objects
22or uses; (ii) retains for himself or herself control over the
23means, method, and manner of accomplishing the desired result;
24and (iii) whose business operations, in whole or in part,
25require the hiring or supervision of one or more persons from
26any building trade or craft, including, but not limited to,



10200HB2538ham001- 3 -LRB102 14077 SPS 35224 a

1plumbing, masonry, electrical, heating, air conditioning, or
2carpentry. "General contractor" includes developers of
3conversion condominiums as defined in the Condominium Property
5    "Licensee" means any person licensed under this Act.
6    "Secretary" means the Secretary of Financial and
7Professional Regulation or his or her designee, including, but
8not limited to, the Director of Professional Regulation.
9    Section 15. Title.
10    (a) No person shall use the title "general contractor"
11without being so licensed by the Department.
12    (b) Nothing in this Act shall be construed as preventing
13or restricting the offering, advertising, or providing of
14services defined as general contracting under this Act by an
15individual not licensed under this Act.
16    Section 20. Display of license. Every holder of a general
17contractor license shall display a copy of his or her license
18in a conspicuous place in his or her principal office or place
19of business and at each site at which the licensee is engaged
20in general contracting.
21    Section 25. Address of record; email address of record.
22All applicants and licensees shall:
23    (1) provide a valid address and email address to the



10200HB2538ham001- 4 -LRB102 14077 SPS 35224 a

1Department, which shall serve as the address of record and
2email address of record, respectively, at the time of
3application for licensure or renewal of licensure; and
4    (2) inform the Department of any change of address of
5record or email address of record within 14 days after such
6change either through the Department's website or by
7contacting the Department.
8    Section 30. General Contractor Board.
9    (a) Within 90 days after the effective date of this Act,
10the Secretary shall appoint a General Contractor Board
11consisting of 9 members. Seven members shall be licensed
12general contractors, with initial appointees meeting the
13qualifications for licensure set forth in this Act as
14determined by the Department. Of the general contractors, 3
15shall be residents of Chicago and 4 shall be residents of other
16parts of the State. In addition to the 7 general contractors,
17there shall be 2 public members of the Board. The public
18members shall be voting members and shall not be licensed
19under this Act or any other design and construction profession
20licensing Act that the Department administers.
21    (b) Board members shall serve 4-year terms, except that in
22the case of initial appointments, terms shall be staggered as
23follows: 2 members shall serve for 4 years, 3 members shall
24serve for 3 years, and 4 members shall serve for 2 years. The
25Board shall annually elect a chairperson and vice chairperson.



10200HB2538ham001- 5 -LRB102 14077 SPS 35224 a

1All board members must be residents of this State.
2    (c) Appointments to fill vacancies shall be made in the
3same manner as initial appointments.
4    (d) A majority of members of the Board shall constitute a
5quorum. A quorum is required for Board decisions.
6    (e) Members of the Board shall serve without compensation,
7but may, at the discretion of the Department, be reimbursed
8for expenses incurred in performing their duties.
9    Section 35. Powers and duties of the Board.
10    (a) The Board shall hold at least one meeting each year,
11conducted in accordance with the Open Meetings Act.
12    (b) The Board shall annually elect a chairperson and a
13vice chairperson who shall be general contractors.
14    (c) The Department may, at any time, seek the expert
15advice and knowledge of the Board on any matter relating to the
16enforcement of this Act, including qualifications of
17applicants for licensure.
18    Section 40. Powers and duties of the Department. The
19Department shall exercise, subject to the provisions of this
20Act, the following functions, powers, and duties:
21        (1) Authorize examinations to ascertain the fitness
22    and qualifications of applicants for licensure and pass
23    upon the qualifications and fitness of applicants for
24    licensure by endorsement.



10200HB2538ham001- 6 -LRB102 14077 SPS 35224 a

1        (2) Adopt rules and regulations required for the
2    administration of this Act.
3        (3) Conduct hearings on proceedings to refuse to
4    issue, renew, or restore licensure; to revoke or suspend
5    licensure; or to place on probation or reprimand persons
6    licensed under this Act.
7        (4) Adopt rules to establish what constitutes an
8    approved general contractor education program.
9        (5) Issue licenses to those who meet the requirements
10    of this Act.
11        (6) Conduct investigations related to possible
12    violations of this Act.
13    Section 45. Application for licensure.
14    (a) Applications for licensure shall be made to the
15Department in writing on forms or electronically as prescribed
16by the Department and shall be accompanied by the required
17fee, which shall not be refundable. All applications shall
18contain information that, in the judgment of the Department,
19enables the Department to pass on the qualifications of the
20applicant for licensure as a general contractor.
21    (b) Applicants have 3 years from the date of application
22to complete the application process. If the process has not
23been completed in 3 years, the application shall be denied,
24the fee shall be forfeited, and the applicant must reapply and
25meet the requirements in effect at the time of reapplication.



10200HB2538ham001- 7 -LRB102 14077 SPS 35224 a

1    (c) Applicants must provide evidence that they have
2completed at least 12 hours in an approved course in dwelling
3construction within one year prior to the date of application.
4The course shall include instruction in at least the following
5subject matter and one or more tests on at least the following
6subject matter:
7        (1) construction laws;
8        (2) construction codes;
9        (3) construction business practices;
10        (4) prevention of wage theft; and
11        (5) selection of subcontractors.
12    Section 50. License classifications.
13    (a) General contractor licenses shall be divided into
14classifications depending on the cost of the work as follows:
15        (1) Class A. The holder of a Class A license is subject
16    to no limitation as to the value of any single contract
17    project. The license fee for a Class A license is $2,000
18    annually.
19        (2) Class B. The holder of a Class B license is not
20    entitled to engage in the construction of any single
21    contract project of a value in excess of $10,000,000. The
22    license fee for a Class B license is $1,000 annually.
23        (3) Class C. The holder of a Class C license is not
24    entitled to engage in the construction of any single
25    contract project of a value in excess of $5,000,000. The



10200HB2538ham001- 8 -LRB102 14077 SPS 35224 a

1    license fee for a Class C license is $750 annually.
2        (4) Class D. The holder of a Class D license is not
3    entitled to engage in the construction of any single
4    contract project of a value in excess of $2,000,000. The
5    license fee for a Class D license is $500 annually.
6        (5) Class E. The holder of a Class E license is not
7    entitled to engage in the construction of any single
8    contract project of a value in excess of $500,000. The
9    license fee for a Class E license is $300 annually.
10    (b) General contractors must be licensed to perform work
11for a third party on private and commercial structures.
12Subcontractors working under the supervision of a licensed
13general contractor are not required to be licensed under this
15    Section 55. Licensure; renewal; and restoration.
16    (a) The expiration date and renewal period for each
17license issued under this Act shall be established by rule. A
18licensee may renew a license during the 2 months preceding its
19expiration date by paying the required fee.
20    (b) A general contractor who has permitted his or her
21license to expire or has had his or her license placed on
22inactive status may have his or her license restored by making
23application to the Department and filing proof acceptable to
24the Department of his or her fitness to have his or her license
25restored, including, but not limited to, sworn evidence



10200HB2538ham001- 9 -LRB102 14077 SPS 35224 a

1certifying active lawful practice in another jurisdiction
2satisfactory to the Department and by paying the required fee
3as determined by rule.
4    (c) A licensed general contractor whose license expired
5while engaged (1) in federal service on active duty with the
6Armed Forces of the United States or the State Militia called
7into service or training or (2) in training or education under
8the supervision of the United States preliminary to induction
9into the military service, may have a license restored or
10reinstated without paying any lapsed reinstatement, renewal,
11or restoration fees if within 2 years after termination other
12than by dishonorable discharge of such service, training, or
13education, the Department is furnished with satisfactory
14evidence that the licensee has been so engaged in the practice
15of general contracting and that such service, training, or
16education has been so terminated.
17    Section 60. Inactive status.
18    (a) A person licensed under this Act who notifies the
19Department in writing on forms or electronically as prescribed
20by the Department may elect to place his or her license on
21inactive status and shall, subject to rules of the Department,
22be excused from payment of renewal fees until he or she
23notifies the Department in writing on forms or electronically
24as prescribed by the Department of his or her desire to resume
25active status.



10200HB2538ham001- 10 -LRB102 14077 SPS 35224 a

1    (b) Any licensee whose license is on inactive status shall
2not use the title "licensed general contractor" or "general
3contractor" in the State of Illinois.
4    (c) Any licensee who uses the title "licensed general
5contractor" or "general contractor" while his or her license
6is inactive shall be considered to be using the title without a
7license, which shall be grounds for discipline under this Act.
8    Section 65. Fees. The Department shall establish by rule a
9schedule of fees for the administration and maintenance of
10this Act. These fees are not refundable.
11    Section 70. Disposition of funds. All of the fees
12collected as authorized under this Act shall be deposited into
13the General Professions Dedicated Fund. The moneys deposited
14into the General Professions Dedicated Fund may be used for
15the expenses of the Department in the administration of this
16Act. Moneys from the Fund may also be used for direct and
17allocable indirect costs related to the public purposes of the
18Department of Financial and Professional Regulation. Moneys in
19the Fund may be transferred to the Professions Indirect Cost
20Fund as authorized by Section 2105-300 of the Department of
21Professional Regulation Law.
22    Section 75. Advertising. Any person licensed under this
23Act may advertise the availability of professional services in



10200HB2538ham001- 11 -LRB102 14077 SPS 35224 a

1the public media or on the premises where such professional
2services are rendered provided that the advertising is
3truthful and not misleading.
4    Section 80. Insurance. A licensee shall carry and provide
5proof of a valid liability insurance policy insuring the
6licensee against bodily injury and property damage arising out
7of or in connection with general contracting. The Department
8shall establish the required insurance policy amounts by rule.
9    Section 85. Listing. The Secretary of State shall maintain
10and make available to the public a list of licensed general
11contractors, including their license type, company name,
12address, phone number, license expiration date, primary
13insurance expiration date, and secondary insurance expiration
14date, if applicable.
15    Section 90. Violation; injunction; cease and desist order.
16    (a) If any person violates this Act, the Secretary may, in
17the name of the People of the State of Illinois, through the
18Attorney General of the State of Illinois or the State's
19Attorney of any county in which the action is brought,
20petition for an order enjoining such violation and for an
21order enforcing compliance with this Act. Upon the filing of a
22verified petition in court, the court may issue a temporary
23restraining order, without notice or bond, and may



10200HB2538ham001- 12 -LRB102 14077 SPS 35224 a

1preliminarily and permanently enjoin such violation. If it is
2established that such person has violated or is violating the
3injunction, the court may punish the offender for contempt of
4court. Proceedings under this Section shall be in addition to,
5and not in lieu of, all other remedies and penalties provided
6by this Act.
7    (b) Whoever holds himself or herself out as a "licensed
8general contractor", "general contractor", or any other name
9or designation that would in any way imply that he or she is
10able to use the title "licensed general contractor" or
11"general contractor" without being licensed under this Act
12shall be guilty of a Class A misdemeanor, and for each
13subsequent conviction shall be guilty of a Class 4 felony.
14    Section 95. Grounds for disciplinary action.
15    (a) The Department may refuse to issue or to renew a
16license, or may revoke, suspend, place on probation,
17reprimand, or take other disciplinary or nondisciplinary
18action the Department may deem proper, including fines not to
19exceed $10,000 for each violation, with regard to any license
20issued under this Act, for any one or combination of the
21following reasons:
22        (1) Material misstatement in furnishing information.
23        (2) Negligent or intentional disregard of this Act or
24    rules adopted under this Act.
25        (3) Conviction of or plea of guilty or nolo



10200HB2538ham001- 13 -LRB102 14077 SPS 35224 a

1    contendere, finding of guilt, jury verdict, or entry of
2    judgment or sentencing, including, but not limited to,
3    convictions, preceding sentences of supervision,
4    conditional discharge, or first offender probation under
5    the laws of any jurisdiction of the United States that is
6    (i) a felony, (ii) a misdemeanor, an essential element of
7    which is dishonesty, or (iii) any crime that is directly
8    related to the practice of general contracting.
9        (4) Making any misrepresentations for the purpose of
10    obtaining a license.
11        (5) Professional incompetence or gross negligence in
12    the rendering of general contracting services.
13        (6) Aiding or assisting another person in violating
14    any provision of this Act or any rules issued pursuant to
15    this Act.
16        (7) Failing to provide information within 60 days in
17    response to a written request made by the Department.
18        (8) Engaging in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public.
21        (9) Habitual or excessive use or abuse of drugs
22    defined by law as controlled substances, alcohol,
23    narcotics, stimulants, or any other substances that
24    results in the inability to practice with reasonable
25    judgment, skill, or safety.
26        (10) Discipline by another jurisdiction, if at least



10200HB2538ham001- 14 -LRB102 14077 SPS 35224 a

1    one of the grounds for the discipline is the same or
2    substantially equivalent to those set forth in this
3    Section.
4        (11) Directly or indirectly giving to or receiving
5    from any person, firm, corporation, partnership, or
6    association any fee, commission, rebate, or other form of
7    compensation for any professional service not actually
8    rendered.
9        (12) A finding by the Department that the licensee,
10    after having the license placed on probationary status,
11    has violated or failed to comply with the terms of
12    probation.
13        (13) A finding by the Department that the licensee has
14    failed to pay a fine imposed by the Department.
15        (14) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    under the Abused and Neglected Child Reporting Act, and
18    upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        (15) Solicitation of professional services by using
23    false or misleading advertising.
24        (16) Inability to practice the profession with
25    reasonable judgment, skill, or safety as a result of
26    physical illness, including, but not limited to,



10200HB2538ham001- 15 -LRB102 14077 SPS 35224 a

1    deterioration through the aging process, loss of motor
2    skill, mental illness, or disability.
3        (17) Using or attempting to use an expired, inactive,
4    suspended, or revoked license, or impersonating another
5    licensee.
6    (b) The Department may refuse to issue or may suspend the
7license of any person who fails to file a return, fails to pay
8the tax, penalty, or interest showing in a filed return, or
9fails to pay any final assessment of tax, penalty, or
10interest, as required by any tax Act administered by the
11Department of Revenue, until the requirements of any such tax
12Act are satisfied.
13    (c) The entry of a decree by any circuit court
14establishing that any person holding a license under this Act
15is a person subject to involuntary admission under the Mental
16Health and Developmental Disabilities Code shall operate as a
17suspension of that license. That person may resume using the
18title "licensed general contractor" or "general contractor"
19only upon a finding by the Department that he or she has been
20determined to be no longer subject to involuntary admission by
21the court and meeting the requirements for restoration as
22required by this Act and its rules.
23    (d) The Department may temporarily suspend a license if
24the licensee is found to be engaging in a pattern of
25substantial code violations as determined by the Department.
26    (e) If the Department has cause to believe that a licensee



10200HB2538ham001- 16 -LRB102 14077 SPS 35224 a

1is insolvent, including on the basis of public complaints, the
2Department may review the financial books and records of the
4    (f) The Department shall not issue a license to an
5applicant whose license was revoked for any cause within the
6preceding 4 years.
7    Section 100. Investigation; notice and hearing.
8    (a) The Department may investigate the actions of any
9applicant or of any person holding or claiming to hold a
10license under this Act.
11    (b) The Department shall, before disciplining an applicant
12or licensee, at least 30 days prior to the date set for the
13hearing, (i) notify in writing the applicant or licensee of
14the charges made and the time and place for the hearing on the
15charges, (ii) direct the applicant or licensee to file a
16written answer to the charges under oath within 20 days after
17the service of the notice, and (iii) inform the licensee or
18licensee that failure to file a written answer to the charges
19will result in a default judgment being entered against the
20applicant or licensee.
21    (c) Written or electronic notice, and any notice in the
22subsequent proceeding, may be served by personal delivery, by
23email, or by mail to the applicant or licensee at his or her
24address of record or email address of record.
25    (d) At the time and place fixed in the notice, the hearing



10200HB2538ham001- 17 -LRB102 14077 SPS 35224 a

1officer appointed by the Secretary shall proceed to hear the
2charges and the parties or their counsel shall be accorded
3ample opportunity to present any statement, testimony,
4evidence, and argument as may be pertinent to the charges or to
5their defense. The hearing officer may continue the hearing
6from time to time.
7    (e) If the licensee or applicant, after receiving the
8notice, fails to file an answer, his or her license may, in the
9discretion of the Secretary, be suspended, revoked, placed on
10probationary status, or be subject to whatever disciplinary
11action the Secretary considers proper, including limiting the
12scope, nature, or extent of the person's practice or
13imposition of a fine, without hearing, if the act or acts
14charged constitute sufficient grounds for such action under
15this Act.
16    Section 105. Record of proceedings.
17    (a) The Department, at its expense, shall provide a
18certified shorthand reporter to take down the testimony and
19preserve a record of all proceedings in which a licensee may
20have their license revoked or suspended or in which the
21licensee may be placed on probationary status, reprimanded,
22fined, or subjected to other disciplinary action with
23reference to the license when a disciplinary action is
24authorized under this Act and rules issued pursuant to this
25Act. The notice of hearing, complaint, and all other documents



10200HB2538ham001- 18 -LRB102 14077 SPS 35224 a

1in the nature of pleadings and written motions filed in the
2proceedings, the transcript of the testimony, and the orders
3of the Department shall be the record of the proceedings. The
4record may be made available to any person interested in the
5hearing upon payment of the fee required by Section 2105-115
6of the Department of Professional Regulation Law.
7    (b) The Department may contract for court reporting
8services, and, if it does so, the Department shall provide the
9name and contact information for the certified shorthand
10reporter who transcribed the testimony at a hearing to any
11person interested, who may obtain a copy of the transcript of
12any proceedings at a hearing upon payment of the fee specified
13by the certified shorthand reporter.
14    Section 110. Compelling testimony. Any court, upon the
15application of the Department, designated hearing officer, or
16the applicant or licensee against whom proceedings of this Act
17are pending, may enter an order requiring the attendance of
18witnesses and their testimony and the production of documents,
19papers, files, books, and records in connection with any
20hearing or investigation. The court may compel obedience to
21its order by proceedings for contempt.
22    Section 115. Hearing; motion for rehearing.
23    (a) The hearing officer appointed by the Secretary shall
24hear evidence in support of the formal charges and evidence



10200HB2538ham001- 19 -LRB102 14077 SPS 35224 a

1produced by the licensee. At the conclusion of the hearing,
2the hearing officer shall present to the Secretary a written
3report of his or her findings of fact, conclusions of law, and
5    (b) At the conclusion of the hearing, a copy of the hearing
6officer's report shall be served upon the applicant or
7licensee, either personally or as provided in this Act for the
8service of the notice of hearing. Within 20 days after such
9service, the applicant or licensee may present to the
10Department a motion, in writing, for a rehearing which shall
11specify the particular grounds for rehearing. The Department
12may respond to the motion for rehearing within 20 days after
13its service on the Department. If no motion for rehearing is
14filed, then upon the expiration of the time specified for
15filing such a motion, or upon denial of a motion for rehearing,
16the Secretary may enter an order in accordance with the
17recommendations of the hearing officer. If the applicant or
18licensee orders from the reporting service and pays for a
19transcript of the record within the time for filing a motion
20for rehearing, the 20-day period within which a motion may be
21filed shall commence upon delivery of the transcript to the
22applicant or licensee.
23    (c) If the Secretary disagrees in any regard with the
24report of the hearing officer, the Secretary may issue an
25order contrary to the hearing officer's report.
26    (d) If the Secretary is not satisfied that substantial



10200HB2538ham001- 20 -LRB102 14077 SPS 35224 a

1justice has been done, the Secretary may order a hearing by the
2same or another hearing officer.
3    (e) At any point in any investigation or disciplinary
4proceeding provided for in this Act, both parties may agree to
5a negotiated consent order. The consent order shall be final
6upon signature of the Secretary.
7    Section 120. Appointment of a hearing officer. The
8Secretary has the authority to appoint an attorney licensed to
9practice law in the State of Illinois to serve as the hearing
10officer in any action for refusal to issue, restore, or renew a
11license or to discipline an applicant or licensee. The hearing
12officer shall have full authority to conduct the hearing.
13    Section 125. Order or certified copy; prima facie proof.
14An order or a certified copy thereof, over the seal of the
15Department and purporting to be signed by the Secretary, shall
16be prima facie proof that:
17        (1) the signature is the genuine signature of the
18    Secretary; and
19        (2) the Secretary is appointed and qualified.
20    Section 130. Restoration of suspended or revoked license.
21    (a) At any time after the successful completion of a term
22of probation, suspension, or revocation of a license under
23this Act, the Department may restore it to the licensee unless



10200HB2538ham001- 21 -LRB102 14077 SPS 35224 a

1after an investigation and hearing the Department determines
2that restoration is not in the public interest.
3    (b) If the circumstances of suspension or revocation so
4indicate, the Department may require an examination of the
5licensee prior to restoring his or her licensee.
6    (c) No person whose license has been revoked as authorized
7in this Act may apply for restoration of that license until the
8time provided for in the Civil Administrative Code of
10    (d) A license that has been suspended or revoked shall be
11considered nonrenewed for purposes of restoration, and a
12restoration of the license from suspension or revocation must
13comply with the requirements for restoration as set forth in
14this Act and any rules adopted pursuant to this Act.
15    Section 135. Surrender of license. Upon the revocation or
16suspension of any licensure, the licensee shall immediately
17surrender his or her license to the Department. If the
18licensee fails to do so, the Department has the right to seize
19the license.
20    Section 140. Administrative Review Law; venue.
21    (a) All final administrative decisions of the Department
22are subject to judicial review under the Administrative Review
23Law and its rules. The term "administrative decision" is
24defined as in Section 3-101 of the Code of Civil Procedure.



10200HB2538ham001- 22 -LRB102 14077 SPS 35224 a

1    (b) Proceedings for judicial review shall be commenced in
2the circuit court of the county in which the party applying for
3review resides, but if the party is not a resident of this
4State, the venue shall be in Sangamon County.
5    (c) The Department shall not be required to certify any
6record to the court, file any answer in court, or to otherwise
7appear in any court in a judicial review proceeding, unless
8and until the Department has received from the plaintiff
9payment of the costs of furnishing and certifying the record,
10which costs shall be determined by the Department.
11    (d) Failure on the part of the plaintiff to file a receipt
12of the plaintiff's payment to the Department as specified in
13subsection (c) of this Section in court shall be grounds for
14dismissal of the action.
15    (e) During the pendency and hearing of any and all
16judicial proceedings incident to a disciplinary action, the
17sanctions imposed upon the accused by the Department shall
18remain in full force and effect.
19    Section 145. Confidentiality. All information collected by
20the Department in the course of an examination or
21investigation of a licensee or applicant, including, but not
22limited to, any complaint against a licensee filed with the
23Department and information collected to investigate any such
24complaint, shall be maintained for the confidential use of the
25Department and shall not be disclosed. The Department may not



10200HB2538ham001- 23 -LRB102 14077 SPS 35224 a

1disclose the information to anyone other than law enforcement
2officials, other regulatory agencies that have an appropriate
3regulatory interest as determined by the Secretary, or a party
4presenting a lawful subpoena to the Department. Information
5and documents disclosed to a federal, State, county, or local
6law enforcement agency shall not be disclosed by the agency
7for any purpose to any other agency or person. A formal
8complaint filed against a licensee by the Department or any
9order issued by the Department against a licensee or applicant
10shall be a public record, except as otherwise prohibited by
12    Section 150. Illinois Administrative Procedure Act. The
13Illinois Administrative Procedure Act is hereby expressly
14adopted and incorporated herein as if all of the provisions of
15that Act were included in this Act, except that the provision
16of subsection (d) of Section 10-65 of the Illinois
17Administrative Procedure Act that provides that at hearings
18the licensee has the right to show compliance with all lawful
19requirements for retention, continuation, or renewal of the
20license is specifically excluded. The Department shall not be
21required to annually verify email addresses as specified in
22paragraph (2) of subsection (a) of Section 10-75 of the
23Illinois Administrative Procedure Act. For the purposes of
24this Act, the notice required under Section 10-25 of the
25Illinois Administrative Procedure Act is deemed sufficient



10200HB2538ham001- 24 -LRB102 14077 SPS 35224 a

1when mailed to the address of record or emailed to the email
2address of record.
3    Section 900. The Regulatory Sunset Act is amended by
4changing Section 4.38 as follows:
5    (5 ILCS 80/4.38)
6    Sec. 4.38. Acts repealed on January 1, 2028. The following
7Acts are repealed on January 1, 2028:
8    The Acupuncture Practice Act.
9    The Clinical Social Work and Social Work Practice Act.
10    The Home Medical Equipment and Services Provider License
12    The General Contractors Licensing Act.
13    The Illinois Petroleum Education and Marketing Act.
14    The Illinois Speech-Language Pathology and Audiology
15Practice Act.
16    The Interpreter for the Deaf Licensure Act of 2007.
17    The Nurse Practice Act.
18    The Nursing Home Administrators Licensing and Disciplinary
20    The Physician Assistant Practice Act of 1987.
21    The Podiatric Medical Practice Act of 1987.
22(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
23100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
248-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;



10200HB2538ham001- 25 -LRB102 14077 SPS 35224 a

1100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
2    Section 999. Effective date. This Act takes effect upon
3becoming law.".